`
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 142
`Entered: February 17, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`IBG LLC, INTERACTIVE BROKERS LLC,
`TRADESTATION GROUP, INC., TRADESTATION SECURITIES, INC.,
`TRADESTATION TECHNOLOGIES, INC., and IBFX, INC.,
`Petitioner,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`Case CBM2015-00179
`Patent 7,533,056 B2
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Granting Motions to Seal
`37 C.F.R. §§ 42.14 and 42.54
`
`INTRODUCTION
`
`Pursuant to 37 C.F.R. § 42.14, Patent Owner filed two motions to seal
`the papers and exhibits indicated in the table below.
`
`
`
`Exhibits to be Sealed
`Ex. 2143–2151, 2154,
`2156–2158
`
`
`
`
`CBM2015-00161
`Patent 6,766,304 B2
`
`Motion.
`Paper 68
`
`Papers to be Sealed
`Confidential Version of Motion for
`Additional Discovery (Paper 69)
`Paper 103 Confidential Version of Motion for
`Supplemental Evidence (Paper 101)
`Paper 105 Confidential Version of Reply in
`Support of Motion for Supplemental
`Evidence (Paper 106)
`Patent Owner represents that Petitioner does not oppose the motions. Paper
`681, 1.
`There is a strong public policy for making all information filed in an
`inter partes review open to the public. Under 35 U.S.C. § 316(a)(1), the
`default rule is that all papers filed in an inter partes review are open and
`available for access by the public; a party, however, may file a concurrent
`motion to seal (37 C.F.R. § 42.14). The standard for granting a motion to
`seal is “for good cause.” 37 C.F.R. § 42.54. The party moving to seal bears
`the burden of proof in showing entitlement to the requested relief, and must
`explain why the information sought to be sealed constitutes confidential
`information. 37 C.F.R. § 42.20(c).
`Patent Owner asserts that there is good cause to seal the papers and
`exhibits because they contain sensitive business information that would not
`otherwise be published or made available to the public. E.g., see Paper 68,
`1–4. We agree. The information Patent Owner seeks to seal was not relied
`on in the Final Written Decision. As such protecting the confidential
`information from public disclosure only minimally impacts the public’s
`interest in maintaining a complete file history. Further, Non-confidential
`
`
`1 Paper 68 is representative of Patent Owner’s motions to seal. All citations
`are to Paper 68 unless otherwise indicated.
`
`2
`
`
`
`CBM2015-00161
`Patent 6,766,304 B2
`
`information will be publically available because non-confidential versions of
`the papers have been filed. E.g., see Paper 67 (redacted version of motion
`for additional discovery).
`A motion to seal is required to include a proposed protective order and
`a certification that the moving party has in good faith conferred or attempted
`to confer with the opposing party in an effort to come to an agreement as to
`the scope of the proposed protective order for this inter partes review.
`37 C.F.R. § 42.54. Patent Owner indicates that the parties have conferred
`and agree to entry of the default protective located at Office Trial Practice
`Guide, 77 Fed. Reg. 48756, 48771 (Aug. 14, 2012) (Appendix B). E.g., see
`Paper 68, 5.
`Based on Patent Owner’s unopposed representations and the
`reasonably limited scope of the protection sought, we determine that good
`cause exists to grant the motions to seal. 37 C.F.R. § 42.54.
`
`It is:
`ORDERED that Patent Owner’s motions to seal are granted.
`
`
`PETITIONER:
`Robert Sokohl
`Lori Gordon
`Richard Bemben
`STERNE, KESSLER, GOLDSTEIN & FOX
`Rsokohl-ptab@skgf.com
`Lgordon-ptab@skgf.com
`Rbemben-ptab@skgf.com
`
`John Phillips
`FISH & RICHARDSON P.C.
`CBM41919-0007CP1@fr.com
`
`
`3
`
`
`
`CBM2015-00161
`Patent 6,766,304 B2
`
`PATENT OWNER:
`
`Erika Arner
`Joshua Goldberg
`Kevin Rodkey
`Rachel Emsley
`Cory Bell
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`Erika.arner@finnegan.com
`Joshua.goldberg@finnegan.com
`Kevin.rodkey@finnegan.com
`Rachel.emsley@finnegan.com
`cory.bell@finnegan.com
`
`Michael Gannon
`Leif Sigmond
`Jennifer Kurcz
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`gannon@mbhb.com
`sigmond@mbhb.com
`kurcz@mbhb.com
`
`Steven F. Borsand
`Jay Knobloch
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`jay.knobloch@tradingtechnologies.com
`
`
`4
`
`
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